Floods report opens way for legal action

The final report from the Queensland Floods Commission found that three engineers had breached the Wivenhoe Dam operations manual.

Transcript

EMMA ALBERICI, PRESENTER: The inquiry into last year's floods in Queensland has found evidence that could trigger a mass of legal action against the State Government.

Three engineers who operated the Wivenhoe Dam have been referred to the Crime and Misconduct Commission for investigation.

The final report concludes that the dam was being mismanaged even before the devastation in Brisbane and Ipswich.

The royal commission-style inquiry has made 177 recommendations. The Premier and the Opposition Leader are both vowing to implement them all.

Francine Norton reports from Brisbane.

(Researchers present floods report to Premier Anna Bligh)

FRANCINE NORTON, REPORTER: On budget and on time. More than 12 months of investigative work came down to a 650 page, two volume report.

ANNA BLIGH, QUEENSLAND PREMIER: I know it's been a very, very intense period of time and I thank you for your work.

FRANCINE NORTON: But not without a parting shot from commissioner Cate Holmes.

CATE HOLMES, FLOODS COMMISSIONER: May I just say that anyone who is genuinely interested in how we manage flood risk will read it closely - all parts of it.

FRANCINE NORTON: It showed there's room for improvement, for a state more accustomed to drought than flood.

And it finally answered a burning question for thousands of flood victims:

"Wivenhoe Dam was operated in breach of the manual from 8am on the 8th of January 2011 until the evening of the 9th of January 2011."

Three engineers involved in managing the disaster have been referred to the CMC for investigation over the accounts they gave.

(Excerpt from the Floods report)

"Mr Ayre, Mr Malone and Mr Tibaldi each had a level of understanding that the March flood report was misleading."

A fourth engineer - John Raffini - was exonerated. So too were Anna Bligh and former minister Stephen Robertson.

(Excerpt from the Floods report)

"It is unsurprising that the Premier did not identify the discrepancies. (She) depended on receiving accurate information from others ..."

Still, the findings have strengthened the legal case against the State Government.

ANNA BLIGH: The finding that there has been a breach of the manual opens the possibility of legal action but it does not of itself establish liability. That is something that will have to be tested with claims being brought forward.

(Aerial shot of Wivenhoe Dam during the floods)

FRANCINE NORTON: The Dam operator, SEQ Water, is covered by insurance and the Premier hopes mediation will settle the matter.

But already hundreds of flood victims have signed up to a potential class action.

ROD HODGSON, MAURICE BLACKBURN: If the action proceeds, it's likely to be the largest class action that Australia has ever seen.

FRANCINE NORTON: But even the lawyers say that could take up to four years to resolve.

DENNIS WARD, FLOOD VICTIM: We'd love to see someone come out and apologise for ... you know, causing this damage and this grief to everyone.

FRANCINE NORTON: The Commission found the engineers could have released water earlier from Wivenhoe Dam if they'd adhere to their manual - but what difference that might have made to homes and businesses downstream remains uncertain.

The Commission made 177 recommendations, including: a flood study of the Brisbane river catchment, updated flood studies for all urban areas, councils to consider a property buyback scheme in flood prone areas, and effective monitoring of mine discharges.

The premier has pledged $40 million to help local governments implement them.

The LNP Leader's matched it.

ANNA BLIGH: A new Labor government, if I'm re-elected, will implement this report in its entirety - lock, stock and barrel.

CAMPBELL NEWMAN, QUEENSLAND OPPOSITION LEADER: Only the LNP team have the energy, the passion, the drive and commitment to implement these recommendations.

FRANCINE NORTON: But for some whose lives were turned upside down, the report offers few answers.

MAN: They're half baked, these recommendations. They haven't yet got to the bottom of what caused it and that was, ignoring the forecasts.

FRANCINE NORTON: While the Commission's work is over, the wash up may go on for years.

Francine Norton, Lateline.

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